United States ex rel. Bartec Industries, Inc. v. United Pacific Co.

The Opinion filed October 6, 1992, slip op. 12085 and appearing at 976 F.2d 1274 (9th Cir.1992) are amended as follows. At slip op. 12091, 976 F.2d 1276 , delete the final two sentences from the third full paragraph under the “FACTS ” section and substitute the following in the paragraph:

“Both Simpson and Bartee then filed separately the necessary claim against Matson, which in turn paid Simpson $172,835.31 for costs associated with the damaged steel. Matson also agreed to pay $50,063 for the lost beams.”

*856 At slip op. 12098, 976 F.2d 1279 , under “C. Prejudgment Interest,” delete the last two paragraphs and substitute the following:

“Under California law prejudgment interest is available if the damages awarded are “certain, or capable of being made certain by calculation.” Cal.Civ.Code § 3287(a) (West 1970). Certainty in this context requires that “(1) ... the debtor knows the amount owed or (2) ... the debtor would be able to compute the damages.” Fireman’s Fund Ins. v. Allstate Ins., 234 Cal.App.3d 1154, 1173 , 286 Cal.Rptr. 146, 158 (1991) (citation omitted). It is sufficient that the claim of the party seeking interest be certain: “[E]ven though the existence of an…